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I just finished creating this. Going through the history, understanding the work my great grandfather took on, and other contexts of our current situation has me feeling a lot helpless. This is what our ancestors envisioned? A bunch of Suits fighting through litigation? I'm deeply depressed to see that our strongest political leaders today as so damn myopic about our current status and the needs/crisis of our peoples. FNS, UBIC, AFN, what ever. No one of them, nor the individuals involved, inspire anything but to simply become assimilated. A screeching song coming from yonder only to be drowned out by...what, another screeching voice mimicking the original.

No, I'm tired of this bullshit. It's time we bring out the drums to beat down the doors of extinguish and halls of assimilation.

More bad news folks:

351 eligible voters
80% turnout

90% YES
10% NO

CORRECTION: I incorrectly referred to this Final Agreement vote as the Maa-nulth. It is not the entire Maa-nulth treaty group who voted, but one of the five nations to vote, the Huu-ay-aht. The other four are expected to vote this fall.

July 24, 2007

Dear Huu-Ay-Aht Members,

I am writing this letter to explain why I will not be participating in the upcoming vote on the Final Agreement. Contrary to what folks might be telling you, its not out of a personal attachment to the Indian Act, a motivation to stay with the status quo, or to make light of the work that's been done on our behalf. It is because I believe we are being tricked.

There are very important reasons that I believe we are being tricked, bought off, and in certain cases misled into believing that this Final Agreement is a good thing for our people. Very high stakes are at play, and from what I have witnessed over the past month since it was announced that the vote would take place on July 28th, I do not feel that the membership has been fully informed of the consequences of each chapter of the Final Agreement and how it will impact their lives and the lives of their children.

I would like you to take some time to consider what I am saying. I will break down my concerns with the Final Agreement and the way it has been presented to you into these basics: 1) all of the material is biased towards a "yes" vote; 2) all of the public sessions have biased towards a "yes" vote; 3) there has been no opportunity, aside from attending the "yes" sessions, to produce any dissenting information to the membership; and, 4) we are being asked to make a final decision for our future generations when people under 18 years old at the time of this vote will have zero say. In other words, we have only heard from sources that want you to vote "yes" on the "treaty", NOT try to produce a clear understanding of what the treaty means.

Aside from these concerns with the process and way the Final Agreement has been brought to our people, I believe there are serious problems with the Final Agreement itself, and with the language it contains and how it will affect our future generations.

The main problem is that the coming generations of our nation will have to endure the non-native governments of Canada and the province of British Columbia as their ultimate authority FOREVER! This in itself should be enough to cause us to reject what is being proposed. But there are more problems the closer you look at this Final Agreement. I will explain just four of the major points:

1. Governance. The Agreement will set up our government as an executive run organization. If it is ratified, be prepared to give up the power to pass resolutions at the annual assembly. In s.2.29 of the Agreement's constitution, it is stated that "the people's assembly may by way of majority of those in attendance, make recommendations to the Huu-ay-aht First Nations Council by way of resolution". There is absolutely no power for the citizens to make changes on the floor! In addition to this our Ha'wiilth are reduced to a token advisory council to the executive branch.

2. Taxation. In 12 years our tax exemptions will cease to exist, along with any fundamental aboriginal right of trade and commerce outside of the control of the federal and provincial governments. This is explained in s.19.5.1. In 12 years all those living on reserve will be expected to pay income tax, property tax, GST, and provincial tax. Consider this, here are the federal tax rates Canadians paid for the 2006 tax year: 15% on the first $36,378 of taxable income; 22% on the next $36,378 of taxable income; 26% on the next $45,529 of taxable income; and 29% of taxable income over $118,285. Any time that you purchase anything from socks to a new house you will pay 14% in provincial and federal GST. Finally, your property will be assessed on the value of your land and the value of your house and will be taxed on that. To be clear NONE of these resources will flow directly into our nations coffers for us to decide how best to spend these taxes. These moneys will be collected form us and FOREVER used by the provincial and federal governments.

3. Aboriginal title and aboriginal rights. These rights will extinguished forever and replaced with what is referred to by lawyers as modified rights under the Final Agreement s.1.11.1. This Agreement "constitutes the full and final settlement in respect of the aboriginal rights, including aboriginal title of each Maanulth first nation.." meaning that we can never again claim to have inherent or Native rights outside of what Canadian courts and governments give to us. It goes on to explain that unless it is written in ink clearly on this paper in this Final Agreement, you can kiss it goodbye forever! Think about it: is everything that is of value to our rights and heritage written out clearly on paper in the Agreement? Despite what the "yes" people are telling you, this is the section that is of the utmost importance and value to the federal and provincial governments, because any lands and rights not mentioned or not spelled out are left out, and we will have NO RIGHTS to these lands. They will have been surrendered forever.

4. Finality. You should understand that through this Agreement, the non-native governments are achieving their goals of "finality" and "certainty", meaning that our laws are finished and their laws will apply and prevail over the land and over us. This all designed to trump any future challenge to the authority and power of the non-native governments over our communities.

I cannot say for sure why anyone would support this Final Agreement. But I do know that anyone who does ask you to vote "yes" is not aware or not respecting the full implication of this so-called "treaty". By the way, if I did feel that this process was fair, transparent and honest, and that we as members were fully informed, I would vote and I would vote NO!!!

Sincerely,

Dave Dennis
Huu-Ay-Aht First Nation

The votes have come in and it's official. The Globe and Mail says, "The vote was about 70 per cent (130 to 50) in favor of the treaty, said to be worth $120-million to the 370 band members. It provides more than 400 hectares of new land, $16-million in cash, a share of the annual Fraser River salmon catch and more than $36-million in program funding."

Coming this Saturday is the Maa-multh Treaty Group. Five Nuu-chah-nulth tribes voting on their Final Agreement through the British Columbia Treaty Process. I feel deeply sad that this has come to pass for the Tsawwassen people and their ancestors.

In a Pyrrhic victory, the 75-member Semiahmoo First Nation, whose 130-hectare seaside reserve sits between White Rock and the U.S. border went to the Courts because of this Tsawwassen Final Agreement. Semiahmoo traditional territory fall into a over-lap with the Tsawwassen. As pointed out by many, this ''treaty process'' is unfair and unbalanced. This is true with Semiahmoo as they were never consulted or involved in the negotiations over this over-lapping territory. Several weeks ago, it filed a petition in B.C. Supreme Court seeking an order to prevent the B.C. government from signing the Tsawwassen treaty or implementing it, at least until the Semiahmoo's issues are addressed.

I say Pyhrric victory because of a few things. The first thing is that the Treaty Process is one-sided and all geared toward the surrendering by the Indigenous. The next thing that comes to mind is that now the Semiahmoo are going to the Colonial courts to resolve this matter. More and more we're being assimilated and co-opted into the colonial ways with very little resistance. The victory is that the Semiahmoo might be able to stop the "Final Agreement" from going through. Some will shout "Democracy! Democracy! Democracy!", except the vote this past night in Tsawwassen was for 18+ only. The youngest and largest group of their nation did not have a say in this decision. Not to mention all the future generations that are utterly screwed if this comes to be law.

Here are the latest articles on the results:
http://www.canada.com/theprovince/news/story.html?id=969e360f-fafa-40a7-b66d-5b3ebec7402f
http://www.canada.com/vancouversun/news/story.html?id=b3aa2917-c144-4f27-bcee-0e95c4b2d65b
http://www.theglobeandmail.com/servlet/story/LAC.20070726.BCTREATY26N/TPStory/National

Huu-ay-aht, Ka:'yu:'k't'h/Che:k'tles7et'h', Toquaht, Ushucklesaht, a Ucuelet, the choices is now yours. Are you going to surrender, or fight for something, anything, for your posterities future?

The big colonial giant to acquire Indigenous lands in British Columbia. Some call it a response to the 1990 Oka Crisis out of the fact there are numerous outstanding land claims issues in this province. Was the Canadian state afraid of Oka happening province wide, or nation wide.

"Why should we try and prove this is our land? We know this is our land. How about (Canadians) prove why you should be allowed to stay here."
- Waxiwidi of the Namgis

Recently the Lheidli Tenneh voted no on the treaty election for their nation. It failed a even 51% approval criteria for ratification. This isn't news to many, but it's one of the modern treaty through the BC Treaty Commission post Nisga'a Treaty in 2001. The current treaty process is a dead horse that simply needs to be shot. Some say it's 'self-government', but would be more appropriately named 'selfish-government'. I don't know where in our history would our people activity and knowingly sign away our rights, land and culture for 2-5% without thinking of the future generation's. It's Indigenous to think of ourselves not only in the present, but past and future as well. It's a cultural occurrence in many of our cultures that doesn't exist in Western society.

Next up are Tsawassen, a neighboring nation across the great river. After that we head to the west coast with the Maa-nulth, which consists of 5 bands out of the Nuu-chah-nulth. For those from these nations or in a nation currently involved in the Treaty Process, please look at the truth. Understand what it will mean.

Below is a 20 page booklet on the current state of the Treaty Process. It's some great reading for those to become more educated on this very important matter for our people.

The BC Treaty Negotiating Times

Ever wondered who the heck these people are? What is the Coast Salish language?

Well, they don't exist, kind of.

There is no 'Coast Salish' language. Salish, and Coast Salish (along with Interrior Salish) are linguistical derived terms for a classification of a groupings in languages that have some connection, but somtimes little connection to each other. Like many other patriarchial classification and misnomers along the Northwest Coast, ''Salish'' comes from the Kootenai nation in the US. The anthropologists hit them first, and started grouping every other Indigenous nation northward of the same group. This is similar to the Kwakiutl and Kwakwaka'wakw. Imagine hitting Canada first and assuming everyone is a Nova Scotian.

So, when you say 'Salish' who are you talking about? A modern misnomer for a group of Indigenous people between Montana, Oregon, Washington, and British Columbia? Coast Salish territory you say? Play into the historical inaccurate designations.


From Occupies Coast Salish Territories
You might of heard this frequently from grassroots communiques and letters based out of Vancouver, British Columbia. A brief history of the land in dispute would help elevate the conundrum.

Vancouver is located on what used to be a massive resource center for many Indigenous nations. Specifically, the Skwxwu7mesh, Sel'it'wetulh, and Xwmetskwiem located in and around Vancouver. Current land disputes between these nations have occurred since the uprising of Canadians response to grassroots resistance like Oka, which most know as the BC Treaty Process. Land use obviously wasn't understood in barbaric European ways such of 'ownership' and 'property'. It came down to two ways of understanding: use and carry. Individuals, or families, would use or carry a name, a song, a right, a parcel of land, a canoe, a longhouse, a ceremony etc. Ownership is quite explicit in it's selfish nature. How can we own anything when we are here for a short amount of time and are knowingly passing this on for future generations.

I'm going to spell it out so no body can twist what I'm trying to explain.

Your living in a house with siblings. Someone, say, the Government of Canada throught he British Columbia Treaty Commission, asks you, "What parts of the house do you own?" Then you think about it and you say, "Well, I use the bathroom, the living room and my room." Then they go and ask your sister the same question. She says, "Well, I use the bathroom, the kitchen, and my room." It's easy to understand a European understanding of land could mess this whole situation up. The BC Treaty Process hasn't helped with it neo-colonial complex of assimilation and colonization, so naturally Indian Act chiefs are quick to fight among land ownership and such.

But let me be clear: Vancouver is sitting on unceded Skwxwu7mesh territory.

BC Treaty Monster Grows Three Heads
After 13 Years, The $1-Billion Treaty Machine (Nearly) Produces 3 Treaties
Warrior Publications, January 2007

After 13 years, and over $1 billion in negotiations, 3 modern-day treaties
are near completion under the BC treaty process. The first to sign a
final agreement were the Lheidli T’enneh, on October 29, 2006, at a widely
publicized event in Prince George, BC. Government officials from Canada &
BC were on hand, along with treaty commissioners, to witness the signing
by Lheidli T’enneh band chief, Dominic Frederick.

This first agreement was followed December 8 by the Tsawwassen band,
located near Vancouver, and then the Maa-nulth (on December 9), located
on Vancouver Island (part of the Nuu-Chah-Nulth). These three final
agreements, the fifth step in a six-stage process, represent great
advancements for the BC treaty process, which has yet to complete one
modern-day treaty.

Although taking over a decade to reach this phase, the agreements are
basically the same as that made with the Nisga’a band councils, back in
the late ‘90s. The Nisga’a treaty was completed in separate negotiations,
and has often been said to be a blueprint for the BC treaty process.
This process, which involves federal & provincial negotiators, band
councils, and the BC Treaty Commission, has come under increasing pressure
for its failure to conclude even one treaty.
Meanwhile, white lawyers, bureaucrats, technicians and negotiators have
made millions (along with a few chiefs & councilors).

Money, Land & Resources

The final agreements provide cash, land, & access to natural resources.
Most of the land comes from the provincial government, while money is
provided by the federal government. Natural resources are in the form of
access to (primarily) the fisheries & forestry industries. The band
councils & their corporations are the legal entities through which the
state will transfer these assets. Some of the money provided must be used
to pay back millions of dollars loaned to band councils by the government
for treaty negotiations.

The Lhedli T’enneh are a 320-member band located near Prince George in the
central interior of BC. Their treaty is worth an estimated $76 million,
with over $60 million in cash over a period of up to 50 years. The rest
is in the transfer of land, natural resources (access to fisheries &
forestry), and participation in new hydroelectric projects. The total
land transferred to the band is 4,275 hectares, expanding its reserve land
base from 677 hectares. About 1/3rd of this land (1,160 hectares) is
located within the Prince George city limits. The band is expected to
vote on the final agreement by February 2007, and must have 70 per cent
approval of those voting.

The Tsawwassen treaty is worth an estimated $120 million to the 360
members of the band. Most of this is in resources transferred to the band
council, including land & fisheries, as well as the band’s involvement in
port expansion. The Tsawwassen treaty has been more controversial because
it removes hundreds of hectares of farm land –from the agricultural land
reserve-- for industrial use by the band (i.e., facilities to accommodate
large-scale port expansion), and because it guarantees Natives access to 1
percent of the Fraser River fishery. This treaty has also brought
protests from neighboring bands, including the Semiahmoo, who claim that
it infringes on their territory. The total land transferred to the band
is 724 hectares, up from its reserve size of 290 hectares. The Tsawwassen
band is expected to vote on the final agreement by mid-summer, 2007.

The Maa-nulth are comprised of 5 bands (the Huu-ay-aht, Kay’yukth,
Toquaht, Uchucklesaht, & Ucuelet) totaling some 2,000 members. They are
located on north-east Vancouver Island. Their reserves total 2,064
hectares; under their treaty settlement, this will increase to 24, 498
hectares. The bands will also have access to fisheries & forestry
resources.

Loss of Land: the Real (Estate) Danger of Treaties

Although bands signing treaties will receive more land, their entire
land-base will become fee simple, a form of private property that can be
bought, sold, leased or seized. Their reserve lands-- “Crown lands
reserved for use by Indians”—will no longer exist. In this way, the final
remaining land base for Native peoples will be exposed to the free market
as private property. Future generations may well be dispossessed of any
land base (a long-term goal of assimilation):

“The Indian Reserve will no longer exist and all land will then be able
to be sold and as poverty will push people to sell land, it will lead to
fragmentation of our communities and many of our people will be forced
into even worse poverty in the cities.”- Art Manuel, “New Relationship or
Final Solution?” First Nations Strategic Bulletin, December 2006

Economic Certainty & Increased Resource Exploitation

Each final agreement, like the Nisga’a treaty, contains provisions that
surrender Aboriginal title and rights. They are described as the ‘full &
final settlement’ of title & rights. This is one important goal of the
treaties: to achieve legal certainty for government & corporations
seeking to exploit land & resources.

For several decades now, land claims & lawsuits by Natives have led to
many corporate investors withdrawing from projects, costing billions of
dollars to the BC economy in lost revenue (along with roadblocks). A
primary factor has been the absence of treaties & any legal surrender of
land by Indigenous nations throughout the province (a fact re-affirmed in
the 1997 Delgamuukw Supreme Court decision, which recognized the
existence of Aboriginal title).

The achievement of certainty for government & corporations, through the
extinguishment of Aboriginal Title, along with provisions limiting
further claims, sets the stage for greater resource exploitation &
environmental destruction of Indigenous territories once treaties are
signed:
“[The Leidli T’enneh treaty] will create certainty & will help
to allow for increased economic development This initialing
will contribute to improving the business & investment
climate in the province.”- Jerry Lampert, Business Council of
BC, “Treaty Creates
Certainty,” by Jim Jamieson, The Province, October 31, 2006

Self-Government & Economic Dependence

Self-government is part of modern-day treaties, and forms an important
part of Canada’s overall strategy towards Indigenous peoples. Some bands
have already signed self-government deals, including Sechelt, Westbank,
James Bay Cree, Yukon bands, etc. In exchange for signing these
agreements, band councils receive greater political & legal power. They
are removed from the Indian Act and re-defined as municipal levels of
government, with the same authority (and responsibility) over local
services such as education, health, housing, water, roads, etc. Although
able to pass by-laws & other local codes, the band governments remain
subject to provincial & Canadian law.

Through their increased legal & economic capacity (including land), the
band councils & their corporations will be better able to engage in
business (primarily with resource corporations). After 12 years of
signing the treaty, the band governments will also be responsible for
taxation of their citizens. These measures are designed to enable the
band councils to achieve greater levels of economic independence, which
is actually dependence on the capitalist economic system. As bands take
greater control over municipal governance, including services, they will
be under greater pressure to attain self-sufficiency, and even more
vulnerable to signing deals with corporations (or even selling land).

Lack of Prior, Informed Consent

The final agreements, which must be ratified by community members, appear
at first glance to be huge settlements. But this is misleading. The
Leidli T’enneh agreement, for example, breaks down to just $230,000 per
band member. Some $20 million of their $60 million cash settlement, in
the form of resource-revenue shares, will be distributed over a period of
50 years. Most of the remaining moneys are designated for programs,
services, economic development, & administration. In exchange, they will
surrender their Aboriginal title & rights to their territories,
potentially lose any remaining land base, while their territories are
further destroyed by resource corporations.

Why would Indigenous people accept such agreements? Because, for the most
part, they have little idea as to what is actually in the final
agreements or their consequences. These documents are over 200 pages
long, full of complex legal jargon that requires lawyers or negotiators
to explain. They have also been crafted largely behind closed doors,
primarily by lawyers & government negotiators (which is also why they are
almost identical, word-for-word), with little if any community
involvement (or even knowledge of):

“ the language & terms are alien to community people and very often the
communities are kept absolutely in the dark about the negotiations
these final agreements are carbon copies of each other in regard to the
extinguishments of Aboriginal title, which points to our people being
coerced into a “final solution.” -Art Manuel, “New Relationship or
Final Solution?,” First
Nations Strategic Bulletin, December 2006

Assimilation

Even before the 1876 Indian Act was passed, Canada’s long-term plan was to
assimilate Indigenous peoples into the European settler society.
Although the Indian Act created an apartheid system with separate
reserves, schools, governance, and even legal status for Natives, these
were always seen as temporary measures necessary for the indoctrination
of Natives into European culture.

By the late 1960s, government officials were publicly discussing the
possibility of abolishing the Indian Act and the Department of Indian
Affairs. In 1970, the government released a ‘white paper’ calling for
just these measures within a 5-year period. The White Paper caused a
groundswell of opposition from Native peoples across the country, and was
eventually withdrawn.

Nevertheless, Canada’s long-term strategy of assimilating Native peoples
continues to this day, in the form of the BC treaty process and other
‘self-government’ negotiations going on across the country. These have
as their goals the removal of all legal & political status of Indigenous
peoples & reserve lands. They are also the means by which Indigenous
people will become more dependent on the capitalist economic system as
traditional land, culture & resources are destroyed.

Resistance is Vital to Survival

“They must give up their status as an Indian reserve & thus would begin
paying taxes, like other Canadians, after an 8-12 year period. Most of
their lands would also become “fee simple,” meaning it would be subject to
the same laws as all real estate in BC The same principle applies to the
resources they obtain, from salmon to hydro-power sources & forests. All
would have to be managed under prevailing provincial & federal laws.”-
Miro Cernetig, “Native Treaty Worth $76 million,” The Vancouver Sun,
October 30, 2006

“It is the grassroots Indigenous Peoples, who have not been informed &
often pressured to accept an outcome, who will have to live under these
Final Agreements, and they must understand the devastating impacts these
agreements will have on their communities and on future
generations.” Art Manuel, “New Relationship or Final Solution,” First
Nations Strategic Bulletin, December 2006

Analysis of the final agreements signed by the Leidli T’enneh, Tsawwassen,
& Maa-nulth in 2006 shows that treaties will mean:

· Loss of Land-Base (from reserve to fee simple property)

· Surrender of Aboriginal Title & Rights to Territory
· Greater Resource Exploitation by Government & Corporations (by
achieving legal & economic certainty)

· Taxation (ending of tax exempt status after 12 years)

· Ending of Indian Act (assimilation as Canadian citizens)

· Forced Dependence on the Capitalist Economic System

While providing short-term economic gains for some, modern-day treaties
threaten present & future generations with dispossession of land & even
greater impoverishment, including the loss of a genuine land-based culture
& way of life. Treaties are a clear danger to Indigenous peoples,
culture, land & resources, and must be resisted. A crucial first step is
education. Anti-treaty resistance is also a good way to learn the
history of colonization in BC, and why there are no treaties in the
province to begin with.